A fenomenologia do direito e o pensamento de Adolph Reinach

Abstract

This work presents the study of Law, based on the doctrine of Adolph Reinach, under a phenomenological perspective, intending to prove the existence of a priori legal concepts. According to A. Reinach, as well as numbers are independent of any and all mathematical theory, and also of any human comprehension, there are legal concepts essentially independent of any and all Positive Law, existing a priori and intellectually evident, as, for example, promise as source of rights and obligations. These juridical concepts are discovered by Positive Law, and not created by it.